STATE v. DAVIS

No. 53070.

284 So.2d 896 (1973)

STATE of Louisiana, Appellee, v. McArthur DAVIS, Appellant.

Supreme Court of Louisiana.

Rehearing Denied November 30, 1973.


Attorney(s) appearing for the Case

Robert J. Boudreau, Edward D. Myrick, Anderson, Leithead, Scott, Boudreau & Savoy, Lake Charles, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., LeRoy A. Hartley, Asst. Atty. Gen., Frank T. Salter, Jr., Dist. Atty., Charles W. Richard, Asst. Dist. Atty., for plaintiff-appellee.


TATE, Justice.

The defendant Davis was convicted of distributing a controlled dangerous substance, heroin. La.R.S. 40:971 (A)(1). He was sentenced to twenty-five years in the penitentiary. This is his second appeal.

On his first appeal, we noted that the defendant had been sentenced prior to the expiration of the three-day delay between his conviction and the sentence. La.C.Cr.P. Art. 873. Since such a sentence is void as illegally imposed, Official Revision...

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